Assembly Bill No. 376–Assemblymen Anderson, Bache, Arberry, Brown, Buckley, Carpenter, Claborn, Collins, de Braga, Giunchigliani, Koivisto, Leslie, Oceguera, Parnell and Smith

 

March 15, 2001

____________

 

Joint Sponsors: Senators Care and Wiener

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Referred to Committee on Transportation

 

SUMMARY—Transfers certain responsibilities for railroad safety from public utilities commission of Nevada to Nevada highway patrol division of department of motor vehicles and public safety. (BDR 43‑1268)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to railroad safety; transferring certain responsibilities for railroad safety from the public utilities commission of Nevada to the Nevada highway patrol division of the department of motor vehicles and public safety; requiring the Nevada highway patrol to adopt certain regulations concerning railroad safety; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 481 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 to 5, inclusive, of this act.

1-3    Sec. 2.  The Nevada highway patrol has regulatory jurisdiction over

1-4  the safety practices for railroad equipment, facilities, rolling stock and

1-5  operations in this state to the extent set forth in sections 2 to 5, inclusive,

1-6  of this act.

1-7    Sec. 3.  The Nevada highway patrol shall:

1-8    1.  Enter into an agreement with the Secretary of Transportation

1-9  pursuant to 49 U.S.C. § 20105 that authorizes the Nevada highway patrol

1-10  to participate in the enforcement of federal safety regulations and orders

1-11  applicable to railroad equipment, facilities, rolling stock and operations

1-12  in this state.

2-1    2.  Accept and expend any federal money made available pursuant to

2-2  49 U.S.C. § 20105 for carrying out a safety program relating to railroads.

2-3    3.  Adopt regulations concerning the safety of railroads in this state

2-4  that incorporate the provisions of the statutes and regulations of other

2-5  states and the Federal Government relating to railroad safety which the

2-6  Nevada highway patrol determines are appropriate for this state.

2-7    Sec. 4.  1.  Every railroad operating in this state shall, whenever an

2-8  accident causing death occurs in the conduct of its operation, give

2-9  prompt notice thereof to the Nevada highway patrol, in such manner and

2-10  within such time as the Nevada highway patrol may prescribe. If in its

2-11  judgment the public interest requires it, the Nevada highway patrol may

2-12  cause an investigation to be made forthwith of any accident, at such

2-13  place and in such manner as the Nevada highway patrol deems best.

2-14    2.  Every railroad operating in this state shall report to the Nevada

2-15  highway patrol, at the time, in the manner and on such forms as the

2-16  Nevada highway patrol prescribes by regulation, all accidents happening

2-17  in this state and occurring in, on or about any premises, instrumentality

2-18  or facility used by the railroad in conducting its business.

2-19    3.  The Nevada highway patrol shall adopt all reasonable regulations

2-20  necessary for the administration and enforcement of this section. The

2-21  regulations must require that all accidents required to be reported

2-22  pursuant to this section be reported to the Nevada highway patrol at least

2-23  once every calendar month by such officer or officers of the railroad as

2-24  the Nevada highway patrol directs, in addition to the immediate notice

2-25  required by subsection 1.

2-26    4.  The Nevada highway patrol shall adopt and utilize all accident

2-27  report forms, which forms must be so designed as to provide a concise

2-28  and accurate report of the accident and which report must show the true

2-29  cause of the accident. The accident report forms must be as near in

2-30  design as practicable to the railroad accident report forms provided and

2-31  used by the Surface Transportation Board.

2-32    5.  If any accident is reported to the Nevada highway patrol by a

2-33  railroad as being caused by or through the negligence of an employee of

2-34  the railroad and thereafter the employee is absolved from such

2-35  negligence by the railroad and found not to be responsible for the

2-36  accident, that fact must be reported by the railroad to the Nevada

2-37  highway patrol.

2-38    6.  All accident reports required by this section must be filed in the

2-39  office of the Nevada highway patrol and there preserved.

2-40  Notwithstanding any other provision of law to the contrary:

2-41    (a) No such accident report or a report of the Nevada highway patrol

2-42  made pursuant to an accident investigation made by it may be open to

2-43  public inspection or disclosed to any person, except upon order of the

2-44  Nevada highway patrol; and

2-45    (b) No report described in paragraph (a), or any portion of such a

2-46  report, may be admitted as evidence or used for any purpose in any suit

2-47  or action for damages growing out of any matter mentioned in the report.

 

 

3-1    Sec. 5.  The Nevada highway patrol shall:

3-2    1.  Perform such duties and functions as are necessary:

3-3    (a) To ensure the safety of railroad equipment, facilities, rolling stock

3-4  and operations in this state.

3-5    (b) For this state to participate in any federal safety program relating

3-6  to railroads.

3-7    2.  Adopt such regulations as it determines are necessary in carrying

3-8  out the provisions of this section.

3-9    Sec. 6.  NRS 481.140 is hereby amended to read as follows:

3-10    481.140  The Nevada highway patrol is composed of the following

3-11  personnel appointed by the director:

3-12    1.  One chief; and

3-13    2.  Such number of inspectors, railroad safety inspectors, supervisors,

3-14  troopers and commercial officers as the director determines necessary to

3-15  perform the duties set forth in NRS 481.180, within the limits of legislative

3-16  appropriations and other money available therefor.

3-17    Sec. 7.  NRS 481.160 is hereby amended to read as follows:

3-18    481.160  The appointed personnel [shall:] must:

3-19    1.  Be persons qualified at the time of their appointment with the

3-20  knowledge of all traffic laws of this state, the provisions of chapters 482,

3-21  483 and 706 of NRS, the provisions of sections 2 to 5, inclusive, of this

3-22  act and the regulations adopted pursuant thereto, and all laws relating to

3-23  the imposition and collection of gasoline taxes and special fuel taxes.

3-24    2.  Be versed in all laws relating to the powers of police officers as to

3-25  traffic law violations and other offenses committed over and along the

3-26  highways of this state.

3-27    Sec. 8.  NRS 481.180 is hereby amended to read as follows:

3-28    481.180  The duties of the personnel of the Nevada highway patrol are:

3-29    1.  To police the public highways of this state, to enforce and to aid in

3-30  enforcing thereon all the traffic laws of the State of Nevada and to enforce

3-31  all other laws of this state when:

3-32    (a) In the apprehension or pursuit of an offender or suspected offender;

3-33    (b) Making arrests for crimes committed in their presence or upon or

3-34  adjacent to the highways of this state; or

3-35    (c) Making arrests pursuant to a warrant in the officer’s possession or

3-36  communicated to him.

3-37    2.  To investigate accidents on all primary and secondary highways

3-38  within the State of Nevada resulting in personal injury, property damage or

3-39  death, and to gather evidence to prosecute any person guilty of any

3-40  violation of the law contributing to the happening of such an accident.

3-41    3.  To enforce the provisions of chapters 365, 366, 408, 482, 483, 484,

3-42  485, 486, 487 and 706 of NRS.

3-43    4.  To maintain the central repository for Nevada records of criminal

3-44  history and to carry out the provisions of chapter 179A of NRS.

3-45    5.  To enforce the provisions of laws and regulations relating to motor

3-46  carriers, the safety of their vehicles and equipment, and their transportation

3-47  of hazardous materials and other cargo.

3-48    6.  To maintain the repository for information concerning hazardous

3-49  materials in Nevada and to carry out its duties pursuant to chapter 459 of

4-1  NRS concerning the transportation of hazardous materials[.] , including,

4-2  without limitation, inspecting and otherwise ensuring the safety of any

4-3  shipment of hazardous materials transported by rail car through or

4-4  within this state.

4-5    7.  To carry out the provisions of sections 2 to 5, inclusive, of this act,

4-6  including, without limitation, the enforcement of all safety regulations

4-7  applicable to railroads.

4-8    8.  To perform such other duties in connection with those specified in

4-9  this section as may be imposed by the director.

4-10    Sec. 9.  NRS 459.512 is hereby amended to read as follows:

4-11    459.512  1.  The owner or operator of a facility for the management of

4-12  hazardous waste shall, in addition to any other applicable fees, pay to the

4-13  department to offset partially the cost incurred by the state fire marshal for

4-14  training emergency personnel who respond to the scene of accidents

4-15  involving hazardous materials a fee of $4.50 per ton of the volume

4-16  received for the disposal of hazardous waste by the facility.

4-17    2.  The owner or operator of a facility for the management of hazardous

4-18  waste shall, in addition to any other applicable fees, pay to the department

4-19  to offset partially the cost incurred by the [public utilities commission of]

4-20  Nevada highway patrol for inspecting and otherwise ensuring the safety of

4-21  any shipment of hazardous materials transported by rail car through or

4-22  within this state a fee of $1.50 per ton of the volume received for the

4-23  disposal of hazardous waste by the facility.

4-24    3.  The operator of such a facility shall pay the fees provided in this

4-25  section, based upon the volume of hazardous waste received by the facility

4-26  during each quarter of the calendar year, within 30 days after the end of

4-27  each quarter. The department may assess and collect a penalty of 2 percent

4-28  of the unpaid balance for each month, or portion thereof, that the fee

4-29  remains due.

4-30    Sec. 10.  NRS 459.535 is hereby amended to read as follows:

4-31    459.535  1.  Except as otherwise provided in subsection 2 and NRS

4-32  459.537 , [and subsection 2 of this section,] the money in the account for

4-33  the management of hazardous waste may be expended only to pay the costs

4-34  of:

4-35    (a) The continuing observation or other management of hazardous

4-36  waste;

4-37    (b) Establishing and maintaining a program of certification of

4-38  consultants involved in the clean up of leaks of hazardous waste, hazardous

4-39  material or a regulated substance from underground storage tanks or the

4-40  clean up of spills of or accidents involving hazardous waste, hazardous

4-41  material or a regulated substance;

4-42   (c) Training persons to respond to accidents or other emergencies

4-43  related to hazardous materials, including any basic training by the state fire

4-44  marshal which is necessary to prepare personnel for advanced training

4-45  related to hazardous materials;

4-46    (d) Establishing and maintaining a program by the [public utilities

4-47  commission of] Nevada highway patrol to inspect and otherwise ensure the

4-48  safety of any shipment of hazardous materials transported by rail car

4-49  through or within the state; and

5-1    (e) Financial incentives and grants made in furtherance of the program

5-2  developed pursuant to paragraph (c) of subsection 2 of NRS 459.485 for

5-3  the minimization, recycling and reuse of hazardous waste.

5-4    2.  Money in the account for the management of hazardous waste may

5-5  be expended to provide matching money required as a condition of any

5-6  federal grant for the purposes of NRS 459.800 to 459.856, inclusive.

5-7    Sec. 11.  NRS 704.190 is hereby amended to read as follows:

5-8    704.190  Except in cases where a report of the accident is required by

5-9  section 4 of this act:

5-10    1.  Every public utility operating in this state shall, whenever an

5-11  accident causing death occurs in the conduct of its operation , [causing

5-12  death,] give prompt notice thereof to the commission, in such manner and

5-13  within such time as the commission may prescribe. If in its judgment the

5-14  public interest requires it, the commission may cause an investigation to be

5-15  made forthwith of any accident, at such place and in such manner as the

5-16  commission deems best.

5-17    2.  Every such public utility shall report to the commission, at the time,

5-18  in the manner and on such forms as the commission by its printed rules and

5-19  regulations prescribes, all accidents happening in this state and occurring

5-20  in, on or about the premises, plant, instrumentality or facility used by any

5-21  such utility in the conduct of its business.

5-22    3.  The commission shall adopt all reasonable rules and regulations

5-23  necessary for the administration and enforcement of this section. The rules

5-24  and regulations must in any event require that all accidents required to be

5-25  reported pursuant to this section be reported to the commission at least

5-26  once every calendar month by such officer or officers of the utility as the

5-27  commission directs.

5-28    4.  The commission shall adopt and utilize all accident report forms,

5-29  which forms must be so designed as to provide a concise and accurate

5-30  report of the accident and which report must in any event show the true

5-31  cause of the accident. [The accident report forms adopted for the reporting

5-32  of railroad accidents must be the same in design as near as may be as the

5-33  railroad accident report forms provided and used by the Surface

5-34  Transportation Board.]

5-35    5.  If any accident reported to the commission is reported by the utility

5-36  as being caused by or through the negligence of an employee and thereafter

5-37  the employee is absolved from such negligence by the utility and found not

5-38  to be responsible for the accident, that fact must be reported by the utility

5-39  to the commission.

5-40    6.  All accident reports required pursuant to this section must be filed in

5-41  the office of the commission and there preserved. Notwithstanding any

5-42  other provisions of law, neither any accident report made as required by

5-43  this chapter, nor any report of the commission made pursuant to any

5-44  accident investigation made by it, may be open to public inspection or

5-45  disclosed to any person, except upon order of the commission, nor may

5-46  either or any of the reports, or any portion thereof, be admitted as evidence

5-47  or used for any purpose in any suit or action for damages growing out of

5-48  any matter mentioned in the accident report or report of any such

5-49  investigation.

6-1    Sec. 12.  NRS 704.309 is hereby amended to read as follows:

6-2    704.309  1.  The commission shall levy and collect an annual

6-3  assessment from each railroad subject to the jurisdiction of the commission

6-4  that transports cargo into, out of or through this state to support the

6-5  activities of the [commission] Nevada highway patrol relating to railroad

6-6  safety.

6-7    2.  The annual assessment levied on railroads:

6-8    (a) Must be equal to the costs incurred by the [commission] Nevada

6-9  highway patrol that are not offset by the fees paid pursuant to NRS

6-10  459.512.

6-11    (b) Must be not more than 1 cent per ton of cargo transported by the

6-12  railroads into, out of or through this state during the immediately preceding

6-13  calendar year.

6-14    3.  On or before August 1 of each year, the commission shall:

6-15    (a) [Calculate] After consulting with the chief of the Nevada highway

6-16  patrol, calculate the amount of the assessment to be levied pursuant to this

6-17  section for the previous fiscal year; and

6-18    (b) Mail to each railroad subject to the provisions of this section to the

6-19  current address of the railroad on file with the commission a notice

6-20  indicating the amount of the assessment. The failure of the commission to

6-21  so notify a railroad does not invalidate the assessment.

6-22    4.  An assessment levied pursuant to this section is due on or before

6-23  October 1 of each year. Each railroad that is subject to the provisions of

6-24  this section which fails to pay the assessment on or before November 1,

6-25  shall pay, in addition to the assessment, a penalty of 1 percent of the total

6-26  unpaid balance for each month or portion thereof that the assessment is

6-27  delinquent or $10, whichever is greater, except that no penalty may exceed

6-28  $1,000 for each delinquent payment.

6-29    5.  If a railroad sells or transfers its certificate of public convenience

6-30  and necessity or sells or transfers substantially all of its assets, the

6-31  commission shall calculate, levy and collect the accrued assessment for the

6-32  current year not later than 30 days after the sale or transfer, unless the

6-33  purchaser or transferee has assumed liability for the assessment. For the

6-34  purposes of this subsection, the jurisdiction of the commission over the sale

6-35  or transfer of a railroad continues until the assessment of the railroad has

6-36  been paid.

6-37    6.  The commission [may] shall bring an appropriate action in its own

6-38  name for the collection of any assessment and penalty that is not paid

6-39  pursuant to this section.

6-40    7.  The commission shall, as soon as practicable after receiving any

6-41  money pursuant to this section, deposit that money with the state

6-42  treasurer for credit to an account for the Nevada highway patrol for use

6-43  in carrying out its duties pursuant to sections 2 to 5, inclusive, of this act.

6-44    Sec. 13.  NRS 703.1545 and 704.307 are hereby repealed.

6-45    Sec. 14.  This act becomes effective upon passage and approval for the

6-46  purposes of adopting regulations and authorizing any preliminary activities

6-47  necessary to ensure that the provisions of this act are carried out in an

6-48  orderly fashion and on July 1, 2001, for all other purposes.

 

7-1  TEXT OF REPEALED SECTIONS

 

7-2    703.1545  Commission authorized to participate in federal program

7-3   of safety relating to railroads. The commission shall:

7-4    1.  Enter into an agreement with the Secretary of Transportation

7-5   pursuant to 49 U.S.C. § 20105 that authorizes the commission to

7-6   participate in the enforcement of federal safety regulations and orders

7-7   applicable to railroad equipment, facilities, rolling stock and operations in

7-8   this state.

7-9    2.  Accept and expend any federal money made available pursuant to

7-10   49 U.S.C. § 20105 for carrying out a safety program relating to railroads.

7-11    3.  Adopt regulations concerning the safety of railroads in this state that

7-12   incorporate the provisions of the statutes and regulations of other states

7-13   and the Federal Government relating to railroad safety which the

7-14   commission determines are appropriate for this state.

7-15    704.307  Railroads: Duty of commission to ensure safety;

7-16   regulations. The commission shall:

7-17    1.  Perform such duties and functions as are necessary:

7-18    (a) To ensure the safety of railroad equipment, facilities, rolling stock

7-19   and operations in this state.

7-20    (b) For this state to participate in any federal safety program relating to

7-21   railroads.

7-22    2.  Adopt such regulations as it determines are necessary in carrying

7-23   out the provisions of this section.

 

7-24  H